State as a Shadow: A Critical Analysis in Disparities in the Judgements related to Article 12 after Pradeep Biswas

  • Samar Fatima
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  • Samar Fatima

    Student at Himachal Pradesh National Law University, India

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This is about the perspectives, in relation to the judgements pronounced by the Supreme Court, post 2002 in the context of Art. 12 of the Consti and how the journey of defining the extent and limit of the “State” has affected the field for private players and making it easier for them to evade responsibility. The narrow approach adopted for defining the “State’ in Pradeep Kumar Biswas case and the later followed contradicting judgements by High Courts affecting the field of for example, education & higher education in India. The impact of public-private partnership in education sector, the marketing of education as a commodity, State hiding in the shadows and being lethargic in holding private players accountable for violating fundamental rights has been also considered and observed.




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1155 - 1160


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